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HomeMy WebLinkAboutMIN 1988 1102 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 2, 1988 The Regular Meeting of the City Council of the City of Moorpark, California was held on November 2, 1988 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The Meeting was called to order at 7:20 p.m. by Mayor John Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Harper. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Clint Harper, Bernardo Perez and Mayor John Lane. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Philip Newhouse, Director of Community Services; Maureen Wall, City Clerk; Dennis Delzeit, City Engineer; Lt. Mike Brown, Sheriff's Department; Lt. Richard Rodriquez, Sheriff's Department; Assistant Chief George Lund, Ventura County Fire Protection District; and Sally Coons, Executive Secretary. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 4.A. Introduction of Lt. Richard Rodriquez. Moorpark Police Department. Ventura County Sheriff, John V. Gillespie, introduced members of his Department present in the audience as follows: Oscar Fuller, Bill Wade, Sgt. Kathy Kemp, Lt. Mike Brown and Lt. Richard Rodriguez. Sheriff Gillespie announced the reassignment of Lt. Brown and his replacement, Lt. Richard Rodriguez. Mayor Lane presented Lt. Brown with a plaque of appreciation for his three years of service to the City. Lt. Brown graciously accepted the plaque and introduced his replacement, Lt. Richard Rodriguez. 4.B. Introduction of George _E. Lund,_ Assistant Chief, Fire Protection District. Minutes of the City Council Moorpark, California Page 2 November 2, 1988 Chief Randy Coggin, Ventura County Fire Protection District, advised that as part of a recent reorganization and upgrading of the supervisory level of protection, an Assistant Chief has been assigned to the Moorpark area to work closely with the City and its needs. He introduced Assistant Chief Lund, who then took his place at the Staff table. 5. REORDERING OF, AND ADDITIONS__TOs__THE AGENDA: In response to questioning by Kueny advised that the Casey be placed on the Agenda discussions are completed. 6. PUBLIC COMMENTS: Councilmember Perez, City Manager Road School Site acquisition would after closed session negotiation 6.A. Leta Yancy- Sutton (316 Moorpark Avenue, Moorpark) presented the Council with a gift- wrapped box containing three pictures taken in 1948 of the apricot orchards in Moorpark. The pictures were mounted and framed for hanging, and presented to the City as a gift from the Birkenshaw Family. Mrs. Yancy- Sutton read the card which stated, "May these pictures help preserve the memories of our community's heritage" - signed, the Birkenshaw Family. The Council and audience joined in saying thank you with a round of applause. 6.B. Teresa Cortes (1095 Walnut Canyon Road, Moorpark) thanked the Council for the efforts it is taking to control the truck noise problem in the Walnut Canyon area. She suggested that the County Planning Commission be asked to hold a meeting in Moorpark to enable residents, unable to attend meetings in Ventura, to express their concerns with the truck noise, and particularly concerning the Blue Star permit. 6.C. Phyl Mason (437 Shasta, Moorpark) thanked the Council for its consideration of a City Business License /Permit, urging that the Council enact such a license in order to control the types of businesses operating in Moorpark. 6.D. Beverly Harris (13893 Christian Barrett, Moorpark) urged residents to vote on election day for those candidates who will do the most good for the future of Moorpark. Upon objection by Councilmember Brown, upheld by Mayor Lane, the speaker was not allowed to violate Rules of Procedure by announcing endorsement of candidates. 6.E. Paul Lawrason (4291. Ambermeadow Street, Moorpark) expressed two traffic - related concerns: 1) That the truck route signs have not bE!en posted on Tierra Rejada Road; and 2) That the Council move forward to enact a traffic mitigation fee. Minutes of the City Council Moorpark, California Page 3 November 2, 1988 6.F. Thomas Nelson (6882 N. Auburn Circle, Moorpark) representing Structural Concepts addressed the Council concerning Agenda Item 11.B. (Consider a request by Structural Concepts concerning an Agreement for Completion of Offsite Improvements for DP -302 (American Products). Mr. Nelson described the events causing the delay in completion of the project, and requested that the Council not impose liquidated damages. 6.G. Nancy Bowden (1461 Walnut Canyon) advised the Council that she was concerned with the traffic on Walnut Canyon Road, including the noise, speed and pollution. She advised that 744 trucks passed in front of her home in a nine -hour period. She expressed concern that if the Blue Star Permit is extended, the residents on Walnut Canyon will not be able to sleep at night. Council Responses: Upon questioning by Councilmember Perez, City Manager Kueny advised that the truck route signs on Tierra Rejada Road will be posted on November 7th, and the delay was caused by the necessity to get treated wooden posts for their installation. The signs to be posted by Cal-trans on State Route 23 will not be posted for another two to three weeks. Again questioned by Councilmember Perez, City Manager advised that Caltrans is overlaying Walnut Canyon Road, and the Council has set aside $200,000 in Gann Funds for unnamed street improvements in the downtown area. Councilmember Brown advised that she will be asking the Sheriff's Department to report on the success of the noise enforcement program; that the Council will be discussing the Blue Star Permit extension later on the Agenda; and that regarding business licenses, no business will be allowed to dump toxic wastes into the streams or sewer system. Councilmember Harper advised residents who are unable to attend the Blue Star Hearings at the County, to write their concerns and submit them for reading into the record. Councilmember Galloway concurred with the suggestion of Mrs. Cortes to ask the County Planning Commission to hold a meeting in Moorpark, or at least observe the problems faced by local residents in the Walnut Canyon Area. Mayor Lane advised that it is his opinion that Walnut Canyon Road should be improved with curbs, gutters and sidewalks. Regarding business license requirements, he advised it was his understanding this was a way to regulate the types of business going into the City, and not a way to raise revenue. 7. COMMITTEE REPORTS: Minutes of the City Council Moorpark, California Page 4 November 2, 1988 Councilmember Brown advised that she and Councilmember Perez attended a meeting of the California Action Committee where Director Robert Best of Caltrans was the speaker. She advised that she will be contacting Mr. Best's appointment secretary to arrange a time when he could come to Moorpark to observe first -hand the traffic situation in the City. Additionally, Councilmember Brown advised that she and Director of Community Development, Pat Richards, met with County Flood Control Director, Jerry Nowak concerning the increased flows in the Arroyo Simi. She requested that a discussion of the Council's concerns regarding the additional flows in the Arroyo Simi be agendized as soon as possible. Councilmember Brown advised she also attended meetings of the Ventura County Association of Governments and the Transportation Policy and Planning Committee, and written reports have been provided to the Council on both meetings. 8. CONSENT CALENDAR: MOTION: Upon motion by Councilmember Perez, seconded by Councilmember Harper, the following items were approved by a unanimous roll call vote of the Council: 8.A. Approval of Warrant Register 1987/88: - Payable Warrants No. 7716 $715.00 8.B. Approval of Warrant Register 1988/89_ - Prepaid Warrants Nos. 7676 -7715 $ 3,949.30 - Payable Warrants Nos. 7718 -7758 $37,206.86 8.C. Consider a Claim for Damages presented by Kristie Singleton.Staff recommended that the claim be denied and the City Clerk directed to inform the claimant. 8.D. Consider approval of Minutes: 1. Special Meeting of October 5, 1988 8.E. Consider a report_ on second driveways and driveway expansions in residential areas. Staff recommended that the report be received and filed 8.H. Consider authorizing the _Deputy City Manager and the Finance Officer to attend accounting software training. Staff recommended the Council authorize the attendance at the training. 8.K. Resolution _No. 88 -516. Consider authorizing the installation of "Stop" signs_ at various locations within Tract_ No. 2453 and _Tract No. 3049 (U.S. Condo). Staff recommended that the proposed resolution be adopted. 8.L. Resolution No. 88 -517._ Consider_ establishing various "No Stopping Any Time "___zones_ within Tract No. 4147 (Villa Minutes of the City Council Moorpark, California Page 5 November 2, 1988 Campesina). Staff recommended the proposed resolution be adopted. The following items were pulled for individual consideration by the Council: 8.D. Consider approval of Minutes: 2. Regular Meeting of October 5, 1988. Councilmember Harper corrected a portion of the minutes concerning his statement under Agenda Item 11.C. - Consider a proposed ratified growth policy. Councilmember Galloway corrected a portion of the minutes concerning the intent of the Council under Agenda Item 11.A. - Consider a report regarding requests for second driveways and driveway expansions in residential areas. MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to approve the Minutes for the Regular Meeting of October 5, 1988, as amended. The voice vote was unanimous. 8.F. Consider acceptance of public improvements for PD -1051 (Lincoln) located on the east side of spring Road across from Roberts Avenue. Staff recommended that the public improvements be accepted and the City Clerk authorized to exonerate specific bonds. Councilmember Harper questioned whether the project was ready for acceptance. City Engineer Delzeit advised that the sidewalk has been damaged in a couple locations during landscaping, and Lincoln has been requested to repair it. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to postpone action on this item indefinitely until the improvements are to the satisfaction of the City. The voice vote was unanimous. 8.G. Consider acceptance of_ public improvements for Tract No. 2865 -1 (Pardee) located in the PC -3 area of the City. Staff recommended that the public improvements be accepted, the streets included in the City street system for maintenance, that the City Clerk be authorized to exonerate specific bonds and reduce the grading bond. Mayor Lane advised that he is concerned about the area of Tierra Rejada Road and Peach Hill where the road does not mesh properly. Discussion between Staff and the City Engineer regarding the possible release of only a portion of the bonds resulted in a Staff recommendation to postpone action until Staff can determine what reduction, if any, would be appropriate. Minutes of the City Council Moorpark, California Page 6 November 2, 1988 Councilmember Perez advised that he has received complaints in this area, and will give Staff specific locations. MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to defer action on this item to allow Staff to come back with a concurrence that the bonds be reduced and a recommendation as to how much. The voice vote was unanimous. 8.I. Consider a request_ to_._acq_uire a meter and calibrator to allow the Sheriff's Departm_ent to initiate noise enforcement of vehicles in the City upon receipt of equipment and certification of the patrol officers. Staff recommended the acquisition be authorized. City Manager Kueny advised that funds for the purchase of the equipment should be transferred to capital and not operations and maintenance as outlined in the Staff report. With this change, City Manager recommended approval of the purchase. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve the Staff recommendation, as amended by the City Manager. The voice vote was unanimous. 8.J. Reso 88 -4 ion No. 88-5.18. revisi �1 incorporating bi- weekly salary rates for Salary Plans II. Staff recommended adoption of the proposed resolution. In response to Councilmember Galloway, City Manager advised that the purpose of the bi- weekly salary schedule is to conform with the Memorandum of Understanding requiring bi- weekly payroll rather than twice a month. In addition, the salary range for Administrative Assistant was increased by 5 %. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to adopt Resolution No. 88 -518. The voice vote was unanimous. 9. PUBLIC HEARINGS: None were scheduled. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Harper read a prepared statement in response to an October 27, 1988 editorial in the Moorpark Mirror. Due to an objection by Councilmember Brown regarding a violation of the Rules of Procedure, Mayor Lane declared a recess to consult with the City Attorney. AT THIS POINT IN THE MEETING, the full Council recessed, the time being 8:20 p.m. At 8:30 p.m., the full Council reconvened. Minutes of the City Council Moorpark, California Page 7 November 2, 1988 AT THIS POINT IN THE MEETING, the full Council recessed, the time being 8:20 p.m. At 8:30 p.m., the full Council reconvened. City Attorney Cheryl Kane advised that comments by Councilmembers have not been limited under this Agenda item, however she advised that Councilmember Harper has agreed to make some changes to his statement as per her recommendation. Councilmember Harper read his statement, advising that the portion he was asked to eliminate was his endorsement of three candidates for the City Council election, which he would announce at the conclusion of the meeting. Councilmember Perez commented that the Delfen Signal project was moving forward; and requested that Lt. Rodriguez be made aware of the need for speed enforcement on Christian Barrett Drive. Councilmember Brown commented that she had full confidence in the Moorpark electorate to select a City Council. Councilmember Galloway advised that he considered the content of the newspaper article being discussed to be public information and considered the article a breath of fresh air. Mayor Lane advised that newspaper editors have a responsibility, and expressed his dislike of the editorial in the Moorpark Mirror. He further commented that he cancelled his subscription to the newspaper. 10.A. Consider the rotation of_ appointment to the Highway 118 Strategy Committee. Current appointees are: Councilmembers Brown and Perez. The new appointees will serve from November through January. Councilmember Harper recommended that the Council defer action on this item until after the election. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to appoint Councilmember Galloway to the Committee, replacing Councilmember Perez. The motion carried, with Councilmembers Harper and Lane dissenting. 11. DISCUSSION /ACTION ITEMS: 11.A. Consider a reouest from TOPA Mana (PD -1064) 1 approval. appropriate. n conditions of Staff recommended that they be directed as de City Engineer Delzeit advised that Topa Management Company, in a letter to the City dated August 24, 1988, had requested clarification and /or modification of the approved City Council conditions for their project (PD- 1064). He outlined Minutes of the City Council Moorpark, California Page 8 November 2, 1988 each referenced Condition, making the following recommendations: Condition 3c: Timing of reimbursement of $225,000 for construction of reinforced concrete box. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct Staff to draft language that the City will reimburse the developer, upon acceptance of the work by the City, in an amount not to exceed $225,000, from the Los Angeles Area of Contribution fund; and that if the AOC does not have sufficient unencumbered funds to reimburse the entire amount upon completion, then the City will agree that the next funds coming into the AOC would be disbursed to the developer until the reimbursement of $225,000 is completed. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion that the reimbursable costs include engineering, plan check fees and permits fees. The voice vote was unanimous. Condition 4a: Omission of Condition 4a concerned with reimbursement of expenses incurred by the developer relating to pavement, curb, gutter and sidewalk construction on the north leg of the Los Angeles Avenue - Moorpark Road intersection. MOTION: Councilmember Harrier moved and Councilmember Galloway seconded a motion to replace condition 4a with the language recommended in the Staff report. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to modify the language in the Staff report, as suggested by the City Attorney, to read that the City will enter into an agreement with the developer of PD -1064, agreeing to condition the future developer of the property at the northeast corner of said intersection to reimburse the developer of PD -1064 to the extent legally enforceable (for expenses incurred by the developer of PD -1064 relating to the construction of pavement, curb, gutter, sidewalk, traffic signal modification or right of way acquisition on the north leg of the Los Angeles Avenue /Spring Road intersection). The motion carried, with Councilmember Galloway abstaining. Condition 1d: Request by Topa that it receive a credit against its Los Angeles Avenue Area of Contribution fee for the widening of Spring Road. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the request, with modified language to insure that the AOC not be credited with more than Topa' s fee payment to this fund would be; and that Topa be required to supply documentation for the expenses it incurred for the widening of Minutes of the City Council Moorpark, California Page 9 November 2, 1988 Spring Road prior to any credit being made to the AOC. The voice vote was unanimous. Condition 3.d: Request that the future developer of the northeast corner of Los Angeles Avenue and Spring Road will reimburse Topa for the cost of the signal modification which relates to the north and east legs of the intersection. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to direct that the language approved for Condition 4a also apply to Condition 3d; and that all actions taken on this item are contingent upon the City Attorney drafting the agreement at Topa's expense. Mayor Lane recognized Topa representative, Paul Geigner, who advised the Council that Topa will pay the City Attorney's fees for drafting the Agreement required by Condition 4a and 3d. MOTION VOTE: The voice vote was unanimous. 11.B.Consider a request by Structural Concepts concerning an Agreement for Completion_ of _ Offsite Improvements for DP -302 (American Products). Staff recommended that the request be approved after reimbursement of attorney's fees. City Manager Kueny recommended that upon payment of $2,000 by the Developer for the legal /administrative costs, that the City not impose the liquidated damages authorized by the Agreement. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the Staff recommendation. The voice vote was unanimous. 11.C. Consider a report regarding which decision body has final approval of entitlement requests. Staff recommended irected as deemed appropriate. Director of Community Development Pat Richards presented the Council with a copy of Resolution No. 86 -276, which established the current level of granting of authority for discretionary approvals and delineates which approvals may be made by the Director of Community Development, the Planning Commission, and the City Council. In response to Councilmember Galloway, City Manager advised that any Commercial Planned Development Permit or Industrial Planned Development Permit that was adjacent to residential zoning, or adjacent to any residence regardless of zoning, could be brought to the Council. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion that Resolution No. 86 -276 be amended, for the Minutes of the City Council Moorpark, California Page 10 November 2, 1988 Council's consideration, to read that any permits, regardless of size, for either Commercial Planned Developments or Industrial Planned Developments adjacent to or across the street from areas either zoned residential, or which contain residence(s) regardless of zoning, will be brought to the City Council for approval; that Section 6.(g) be revised to read that Industrial Development Plan Permits for proposals containing less than 20,000 square feet of gross floor area for all buildings involved shall be heard by the Planning Commission, and proposals containing 20,000 square feet or more of gross floor area for all buildings involved shall be heard by the City Council; and that any pending applications, which after adoption of the modified resolution would be heard by the City Council, shall be brought to the City Council beginning immediately. The voice vote was unanimous. Councilmember Brown expressed concern with Section 3 of Resolution No. 86 -276 where the determination as to whether or not a modification to an entitlement is deemed a "Minor Modification" or a "Major Modification" is at the discretion of the Director of Community Development. She requested that Staff provide a compendium of those areas that would be considered "Minor Modifications" and those areas that would be considered "Major Modifications ". Mayor Lane directed that Councilmember Brown work with Staff to modify the language in this Section, and that the recommended changes be brought to the Council for consideration. 11.D. Consider a report regarding the City's current standards for residential lot coverage. Staff recommended that they be directed as deemed appropriate. Director of Community Development Pat Richards advised that currently the only restriction in lot coverage in the residential zones is the required setbacks. Only in the industrial zones is the lot coverage limited where the desired coverage is 40 %. Mayor Lane directed that Staff contact other cities with existing ordinances that address the issue of lot coverage versus lot size, and to return to the Council with a recommendation. Any restrictions of this type would appropriately be placed in the zoning codes. AT THIS POINT IN THE MEETING, the Council recessed, the time being 9:35 p.m. At the hour of 9:45 p.m. the full Council reconvened. 11. E. Consideration a City Business License /Permit. Staff recommended they be directed as deemed appropriate. Councilmembers Galloway and Harper left the dais during the discussion and action on this item. Minutes of the City Council Moorpark, California Page 11 November 2, 1988 Mayor Lane directed that Staff develop an ordinance similar to the one from the City of Agoura Hills. Councilmember Brown requested that before any fees are established, Staff determine the cost to administer the Business License /Permit program so that it will be self - supporting. City Attorney Kane recommended that an ordinance provide that a fee be enacted, but that a resolution establish what that fee will be. MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to direct Staff to develop an Ordinance establishing a City Business License /Permit (similar to the ordinance from the City of Agoura Hills); that the cost to administer the program be determined; and that a resolution be drafted to establish the fees. In response to Councilmember Perez, City Manager Kueny advised that the program would not include any inspection or enforcement, other than a failure to obtain a License /Permit could result in a fine. Councilmember Perez requested Assistant Chief George Lund to provide a report on the Fire Department's efforts in the area of toxic chemical control. City Manager Kueny advised that. the License /Permit application could require disclosure of any intention to use hazardous or, toxic materials. MOTION ADDITION: Councilmember Lane added to his motion, and Councilmember Brown concurred, that the proposed ordinance require disclosure of any intended use of hazardous or toxic materials on the application for the License /Permit. The motion carried, with Councilmembers Galloway and Harper absent. Councilmembers Galloway and Harper returned to the dais at the conclusion of this item. 11. F. Consider proposed__ means of proceeding with the establishment of a city -wide traffic mitigation fee. Staff recommended they be directed as deemed appropriate. City Manager Kueny suggested that the traffic mitigation fee (TMF) be used to fund, at least in part, an east /west bypass to existing Highway 118. City Manager reported that there are a total of 4,671 dwelling units in the combined LA Avenue AOC and the Tierra Rejada /Spring Road AOC. The Council concurred that the east /west bypass should be funded by the TMF, but concern was expressed that the TMF not be totally committed and /or restricted to this one project, but that it be used to address the total traffic problem in and around the City. Councilmember Harper suggested that Staff estimate the cost for the right -of -way acquisition for the east /west bypass; explore, in a cursory nature, funding for on /off ramps; and Minutes of the City Council Moorpark, California Page 12 November 2, 1988 indicate those projects that will have the most impact on circulation in the next decade or two. It was further suggested that Staff meet with the developers and determine the extent of their participation in a study of traffic mitigation fees. City Manager advised that Staff can analyze long term circulation needs required by the impact of future development. These needs will then be incorporated into the Circulation Element. City Manager requested $5,000 be appropriated to begin this process. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to appropriate $5,000 from Gas Tax to begin the study of long term circulation needs to be included in the Circulation Element; and that Staff approach the State to include these needs in STIP. The motion carried by a unanimous roll call vote. 11.G. Consider a report regarding a proposed extension of a permit adjustment to County CUP -1328 (Blue Star Ready Mix). Staff recommended they be directed as deemed appropriate. Director of Community Development Pat Richards advised that Blue Star Ready Mix has made a request to the County Planning Director to grant a permit extension for an additional six work weekends over and above the original thirteen. Additionally, John Newton (Blue Star's consultant) has requested consideration because of weather, earthquakes, or traffic control at the work site which may extend the time -line. The County Planning Commission will consider the permit adjustment extension at a public hearing on November 3, 1988. In response to questioning by Mayor Lane, Director of Community Development advised that complaints are mainly about evening hours and general concern about the number of truck trips on Walnut Canyon. Additionally, Mr. Richards advised that an appeal costs the City $660, however a request to waive this fee is pending before the Board of Supervisors. Discussion included the alternate route of Grimes Canyon suggested by the Council during the last appeal; and the suggestion that Caltrans pay for the deterioration of the roads used by Blue Star for the 101 Freeway project. CONCENSUS: That Staff be directed to attend the hearing at the County Planning Commission on November 3, 1988 to object to an extension of the Blue Star Permit; to reiterate the City's concerns; and to file an appeal if the extension is granted, regardless of what the conditions are. Councilmember Brown indicated that she would also attend the November 3 hearing. Minutes of the City Council Moorpark, California Page 13 November 2, 1988 11.H. Resolution No. 88 -519. A Resolution designating a survey area and directin_q__the Planning Commission to prepare a preliminary plan. —J Marshall Lynn and John Huffman, consultants from Urban Futures, Inc. addressed the Council, recommending the adoption of Resolution No. 88 -519 which designates that portion of the City of Moorpark to be studied by the Planning Commission in order to determine an appropriate Redevelopment Project Area. Additionally, the Resolution directs the Planning Commission to formulate a Preliminary Plan for the redevelopment of the selected Project Area. It is anticipated that the City Council will hear a recommendation from the Planning Commission on November 16, 1988. This short turnaround time will allow the City to use 1988 -89 as the base year for the Redevelopment Project. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt Resolution No. 88 -519. The motion carried with Councilmember Galloway dissenting. City Manager requested authorization to sign a contract to provide the legal description for the project area for an amount not -to- exceed $7,000. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to authorize the Manager to sign a contract for a legal description for the project area in an amount not -to- exceed $7,000. The voice vote was unanimous. 12. ORDINANCES: 12.A. Ordinance No. 101. A proposed ordinance relating to the preservation of historic trees city -wide. Staff recommened the proposed ordinance be approved for first reading and introduction. City Attorney Cheryl Kane read the ordinance in title only. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 101 read in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to declare Ordinance No. 101 introduced and read for the first time. The voice vote was unanimous. 12. B. Ordinance No. 102. _ A proposed ordinance relating to the planting and maintenance of trees. shrubs and plants. Staff recommended the proposed ordinance be approved for first reading and introduction. City Attorney Kane made certain modifications to the Ordinance, reserving Resolution No. 88 -520 to set forth Minutes of the City Council Moorpark, California Page 14 November 2, 1988 guidelines for a Master, Tree Plan, and read the Ordinance in title only. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to waive further reading and declare Ordinance No. 102 read in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 102 introduced and read for the first time. The motion carried with Councilmembers Brown and Galloway dissenting. 12.C. Ordinance No. 103. A proposed ordinance amending Measure F. Staff recommended the proposed ordinance be approved for first reading and introduction. City Attorney Kane indicated there was a modification to Section 1, and read the Ordinance in title only. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to waive further reading and declare Ordinance No. 103 read in title only. The voice vote was unanimous. MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to declare Ordinance No. 103 introduced and read for the first time. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS Councilmember Brown requested that the City bus contract be agendized as soon as possible. 14. CLOSED SESSION MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to go into Closed Session under items: 14.A. - Litigation concerning Kavian vs. the City of Moorpark; 14. B. - Personnel; 14.D. - Litigation concerning Boething vs. the City of Moorpark; 14.E. - Litigation concerning the City of Moorpark vs. Boething; 14.F. - Potential litigation pursuant to Government Code Section 54956.9(b)(1); 14.G. - Potential litigation pursuant to Government Code Section 54956.9(c); 14.H. - Negotiation for real property at 280 Casey Road (former high school site) pursuant to Government Code Section 54956.8; 14.I. - Litigation concerning B.I.A. vs. the City of Moorpark; 14.J. - Litigation concerning Southern California Edison vs. the City of Moorpark; and 14.K. - Negotiation for real property on a portion of A.P.N. 500- 35 -22 (Carlsberg) pursuant to Government Code Section 54956.8. The voice vote was unanimous. The time of adjournment to Closed Session was 10:50 p.m. All Councilmembers plus Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Pat Richards, Director of Community Development were present for the Closed Session. Minutes of the City Council Moorpark, California Page 15 November 2, 1988 The full Council reconvened into Open Session at the hour of 11:23 p.m. 14.I. B.I.A. vs. Citv of Moorpark MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to authorize the Mayor to sign a settlement agreement with B.I.A. once the final wording of the agreement has been approved by the City Attorney. The voice vote was unanimous. 14.H. Negotiation for real property at 280 Casey Road (former high school site) pursuant to Government Code Section 54956.8 MOTION: Councilmember Perez moved and Councilmember Galloway seconded a motion to direct staff to send a letter of offer to the Moorpark Unified School District; direct the City Engineer to prepare a legal description of the real property the City desires to receive; direct staff to ask the school board to prepare the Grant Deed; direct staff to open an escrow in the amount of $481,767.03; and that all associated fees will be paid. The voice vote was unanimous. Then the following motion was heard: MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to appropriate $500,000 from the Downtown Park Improvement Fund to cover the offered price of $481,767.03 plus escrow fees. The roll call vote was unanimous. Councilmember Brown commented this action was an action taken by the entire City Council. She also strongly urged residents to attend the next school board meeting and encourage the board to accept the City's offer. 15. ADJOURNMENT: MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to adjourn the meeting. The voice vote was unanimous. The time of adjournment was 11:30 p.m. "Oe*4 (Va# John Patrick Lane, Mayor ATTEST: